SF 2926

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring law enforcement agencies 
  1.3             to return personal property seized under the 
  1.4             forfeiture law if criminal charges are not filed 
  1.5             within 30 days; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 626. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [626.19] [SEIZURE OF PROPERTY; CRIMINAL CHARGES 
  1.9   REQUIRED.] 
  1.10     (a) When personal property, whether subject to forfeiture 
  1.11  under sections 609.531 to 609.5318 or not, has been seized, 
  1.12  criminal charges must be filed within 30 days of seizure. 
  1.13     (b) The prosecuting authority shall certify to the court 
  1.14  that it has filed or intends to file charges against the alleged 
  1.15  violator no later than 30 days after the seizure. 
  1.16     (c) The law enforcement agency that seized the property 
  1.17  shall return the property if criminal charges are not brought 
  1.18  within the time period specified in paragraph (a).  The property 
  1.19  must be returned within five business days of the end of the 
  1.20  time specified in paragraph (a), unless a court directs 
  1.21  otherwise, based on clear and convincing evidence by the 
  1.22  prosecuting authority that establishes the need for a 
  1.23  continuance before criminal charges are filed. 
  1.24     (d) The law enforcement agency is liable for any loss or 
  1.25  damage to the property being held by the agency.  In addition to 
  1.26  payment for loss or damage, the court may order the payment of 
  2.1   reasonable costs, expenses, attorney fees, and towing and 
  2.2   storage fees.  If the court orders payment of these costs, they 
  2.3   must be paid from forfeited money or proceeds from the sale of 
  2.4   forfeited property from the appropriate law enforcement and 
  2.5   prosecuting agencies in the same proportion as they would be 
  2.6   distributed under section 609.5315, subdivision 5. 
  2.7      (e) This subdivision supersedes to the extent inconsistent 
  2.8   with any other provision in sections 609.531 to 609.5318 or 
  2.9   other law. 
  2.10     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.11     Section 1 is effective the day following final enactment 
  2.12  and applies to seizures of personal property on or after that 
  2.13  date.